Immigrationboards.com

I'm in the midst of preparing my Naturalisation Application and I came across the "good character requirement". Over a year ago my car was clamped for not having paid my road tax, unfortunately, I had not updated my address on my V5C so I did not receive a Road Tax reminder letter (i.e sent to my old address). It was my first year of owning a car so when I moved houses for the next academic year (I'm a uni student), I didn't update my paperwork as promptly as I should have. I paid all the fines I was made aware of and updated my V5C as well as paying my road tax for the year.

I was under the impression that the would-be it, however, last month money was deducted from my pay (part-time job). I contacted my payroll department who referred me to HMCTS Wales. I was informed that there was another fine that had been sent to the old address when the incident occurred. The person on the phone told me that all have to do is go to court to sign a Statutory Declaration and that would be it. I turned up to court and explained the situation, the Judges accepted my Statutory Declaration and then asked whether I was pleading "Guilty" or "Not Guilty". I was not expecting them to ask me such a question as I was only informed that I would sign a Statutory Declaration and pay the original fine on the phone. Not wanting to lie to the court as well as being nervous, I pleaded guilty seeing as the vehicle was untaxed at the time of the said incident. I paid the fine off in full and learned my lesson twice over (once when the car was clamped and the other being in court pay the fine). It's only now that I have done so more research, I have come to a realisation from other forums online that I should have pleaded "Not Guilty" in order to have the charge dismissed.

If I was to apply for British Citizenship through naturalisation, would I get rejected as pleading guilty counts as a criminal offense? And from what I have come to understand is keeping an unlicensed vehicle is a serious offense.

Some other info about me:
- I was 9 years old when I moved to the UK from Denmark (where I was born). I'm 23 currently.
- Final year undergraduate student
- Paying for the application myself with the money I've saved as I'm from a low-income family so parents can't be of much help.
- I have an offer to study for my Masters in Denmark (Higher Education is free there)
- Settled EU Status

I was hoping to have sent off my application before I left to go and study in Denmark for the next two years. I wanted to leave my options open for when I complete my masters in Denmark as I'm considering staying there for longer than the two years or attempt to move to the US (always been a dream to land a job in Silicon Valley as is the case for a fair bit of Computer Science students). However, I want to be able to return to the UK if I went down any of the previously mentioned routes. I honestly feel more British than anything else having had spent the majority of my life here so the idea of losing my chance at a British Citizenship anytime in the near future is scary.

I would greatly appreciate any help or advice. Thanks.

Just to expand on the last paragraph, if I went down either of the aforementioned routes (Staying in DK for a few years after my Masters or a few years in the US) I still plan to make the UK my permanent home. I wouldn't be gone for more than 5 years so I would still be able to apply for British Citizenship upon my return since I would still have my EU Settled Status, right? If so, would I have to wait another 5 years or just year?

P.s. Apologies in advance for all the questions and long paragraphs but I just want to be more informed moving forward. Thanks and I hope everyone is staying safe.

You need to declare this but may not affect your application. Also note that EU settlement scheme granted you ILR. ILR will automatically is lost if you are absent from the UK for more than 24 months

Zimba wrote: ↑

Thu Apr 09, 2020 2:24 am

You need to declare this but may not affect your application. Also, note that EU settlement scheme granted you ILR. ILR will automatically is lost if you are absent from the UK for more than 24 months

Thanks for the reply. In regards to the ILR granted under the EU Settlement Scheme, I was under the impression that you would only lose your settled status if you leave for a period of five consecutive years (four years for Swiss citizens). However, if you've got an LLR (Limited Leave to Remain) granted under the EU Settlement Scheme as an "Pre-settled Status" then you would lose it if you leave the UK for a period of two consecutive years. My source

When it comes to the criminal offence of keeping an unlicenced vehicle (Failure to pay road tax), from what I have read is that it will become spent in a year's time and a BC application will be refused if it has happened in the last 3 years. As shown below:

Source

However, I'm not sure about the above as I have read conflicting information on it so I may be wrong. I would also like to say that I'm aware this whole situation is of my own doing and I'm now more than ever aware of the importance of staying on top of all my paperwork.

Thanks

I you haven't reviewed the official guidance yet:
1. https://www.gov.uk/settled-status-eu-ci ... atus-means
2. https://www.gov.uk/government/publicati ... y-guidance

alterhase58 wrote: ↑

Thu Apr 09, 2020 4:04 pm

I you haven't reviewed the official guidance yet:
1. https://www.gov.uk/settled-status-eu-ci ... atus-means
2. https://www.gov.uk/government/publicati ... y-guidance

Thanks for the reply, I have had a look at both of them but I appreciate you posting it anyway as having a second read of it I think I may not be able to apply. From what I can gather in regards to a conviction of keeping an unlicenced vehicle, means that I won't be able to apply until 3 years have gone by.

"A fixed penalty notice will not normally result in refusal unless the person has failed to pay or has
unsuccessfully challenged the notice and there were subsequent criminal proceedings resulting in a conviction. In such instances, they should be treated in line with the sentence imposed by the court. "
Source: Page 19 - 2nd Paragraph

I'm hoping someone could give me a second opinion on it. From my research on the issue of applying for a BC on my return from Denmark immediately after my masters are that I will have to wait 5 years from the date of my return as I would have spent more than 450 days out of the UK during intervening 5 years.

Third party solicitor weblink removed by moderator

There are two conditions you have to meet :

1. You must have been physically present in the UK 5 years previously, on the same corresponding date as the date you apply for citizenship.

2. Not have more than 450 days absence in the 5 years immediately preceding the date of application and not have more than 90 days absence in the 12 months immediatley preceding date of application.

How long you will wait before you can apply depends on when your absences fall within the limit, it is not necessarily having to wait for 5 more years after you return.

CR001 wrote: ↑

Thu Apr 09, 2020 4:48 pm

There are two conditions you have to meet :

1. You must have been physically present in the UK 5 years previously, on the same corresponding date as the date you apply for citizenship.

2. Not have more than 450 days absence in the 5 years immediately preceding the date of application and not have more than 90 days absence in the 12 months immediatley preceding date of application.

How long you will wait before you can apply depends on when your absences fall within the limit, it is not necessarily having to wait for 5 more years after you return.

Thanks for the reply. Yeah, I believe I will unfortunately not meet the following criteria "450 days absence in the 5 years immediately preceding the date of application" as even if I was to return the UK over the winter & summer holidays, I would still be over the limit and that's without considering any other instance in the preceding years that I have been absent.

This whole situation is devastating but at least there is a silver lining that I can return to the UK under my ILR (EU Settled Status) after my masters or after spending a few years abroad.

My last question to you guys is in regards to my ILR (EU Settled Status), on the government website there is the following guidance on spending time outside the UK "If you have settled status, you can spend up to 5 years in a row outside the UK without losing your status.". I was wondering, If I was to return to the UK for 3 months after being away for 3 years in a row and then leave again would that reset the counter (i.e would I be able to spend up to 5 years in a row outside the UK after leaving the second time)?

Zimba wrote: ↑

Thu Apr 09, 2020 2:24 am

You need to declare this but may not affect your application. Also note that EU settlement scheme granted you ILR. ILR will automatically is lost if you are absent from the UK for more than 24 months

Zimba,

With EU Settled Status ILR, you will only lose it when you have spent more than 5 years outside the UK.

The 2 years rule is for people issued ILR under UK Domestic immigration law.

This has been explicitly confirmed by the Home Office in 6 April 2020 new immigration law that, Appendix EU now explicitly states that paragraphs 18 and 19A will not apply to those granted settled status under the Settlement Scheme.

Settled status Leave granted under Appendix EU for people will only be lost after 5 years and presettled status after 2 years. Some EEA Members could lose theirs in 4 years

waraich wrote: ↑

Thu Apr 09, 2020 5:28 pm

CR001 wrote: ↑

Thu Apr 09, 2020 4:48 pm

There are two conditions you have to meet :

1. You must have been physically present in the UK 5 years previously, on the same corresponding date as the date you apply for citizenship.

2. Not have more than 450 days absence in the 5 years immediately preceding the date of application and not have more than 90 days absence in the 12 months immediatley preceding date of application.

How long you will wait before you can apply depends on when your absences fall within the limit, it is not necessarily having to wait for 5 more years after you return.

Thanks for the reply. Yeah, I believe I will unfortunately not meet the following criteria "450 days absence in the 5 years immediately preceding the date of application" as even if I was to return the UK over the winter & summer holidays, I would still be over the limit and that's without considering any other instance in the preceding years that I have been absent.

This whole situation is devastating but at least there is a silver lining that I can return to the UK under my ILR (EU Settled Status) after my masters or after spending a few years abroad.

My last question to you guys is in regards to my ILR (EU Settled Status), on the government website there is the following guidance on spending time outside the UK "If you have settled status, you can spend up to 5 years in a row outside the UK without losing your status.". I was wondering, If I was to return to the UK for 3 months after being away for 3 years in a row and then leave again would that reset the counter (i.e would I be able to spend up to 5 years in a row outside the UK after leaving the second time)?

Yes, every time you come in before 4years 11months and 30 days, your 5 years will reset.

Bear in mind that naturalization has it's own rules for absenteeism.

Where an applicant has spent more than the 450 day for section 6(1) applications, or 270 days for section 6(2) applications, outside of the UK during the qualifying period you must consider exercising discretion if they meet the other requirements.23 Sep 2019

Both applications need to demonstrate that the absences have not exceeded 90 days in the last 12 months.

The British Nationality Act allows for discretion to be made in respect of the residence requirement in an application to naturalise. A caseworker will consider the following guidance, where the absences are between 480-900 for applications for naturalisation under section 6(1) or 300-540 for applications for naturalisation under section 6(2).

All other requirements must be met and there will be a consideration of where the individual has established their home, employment, family.

In addition they must have spent 2 years or 1 year without substantial absences. If the absence is greater than 730 days (section 6(1)) or 450 days (section 6(2)), the period of residence must be at least 3 or 2 years respectively.

snooky wrote: ↑

Fri Apr 10, 2020 8:59 am

Zimba wrote: ↑

Thu Apr 09, 2020 2:24 am

You need to declare this but may not affect your application. Also note that EU settlement scheme granted you ILR. ILR will automatically is lost if you are absent from the UK for more than 24 months

Zimba,

With EU Settled Status ILR, you will only lose it when you have spent more than 5 years outside the UK.

The 2 years rule is for people issued ILR under UK Domestic immigration law.

This has been explicitly confirmed by the Home Office in 6 April 2020 new immigration law that, Appendix EU now explicitly states that paragraphs 18 and 19A will not apply to those granted settled status under the Settlement Scheme.

Settled status Leave granted under Appendix EU for people will only be lost after 5 years and presettled status after 2 years. Some EEA Members could lose theirs in 4 years

ILR is always issued under UK domestic immigration rules. There is no difference here. You are correct that the returning resident rules do not apply to people granted under Appendix EU

(2) Paragraphs 18 to 19A of the Immigration Rules (returning residents) do not apply to indefinite leave to enter or remain granted under this Appendix. A person granted such leave may resume their residence in the UK where, having been absent from the UK and Islands, that leave has not lapsed under article 13 of the Immigration (Leave to Enter and Remain) Order 2000.

As you see such exclusion is subject to article 13 of the Immigration (Leave to Enter and Remain) Order 2000. Under Article 13, even an unlimited leave granted will lapse if the holder has stayed outside the United Kingdom for a continuous period of more than two years.

(4) Leave which does not lapse under paragraph (2) shall remain in force either indefinitely (if it is unlimited) or until the date on which it would otherwise have expired (if limited), but—

(a)where the holder has stayed outside the United Kingdom for a continuous period of more than two years, the leave (where the leave is unlimited) or any leave then remaining (where the leave is limited) shall thereupon lapse; and
(b)any conditions to which the leave is subject shall be suspended for such time as the holder is outside the United Kingdom.

Am I missing something here ?!

Zimba wrote: ↑

Fri Apr 10, 2020 6:13 pm

snooky wrote: ↑

Fri Apr 10, 2020 8:59 am

Zimba wrote: ↑

Thu Apr 09, 2020 2:24 am

You need to declare this but may not affect your application. Also note that EU settlement scheme granted you ILR. ILR will automatically is lost if you are absent from the UK for more than 24 months

Zimba,

With EU Settled Status ILR, you will only lose it when you have spent more than 5 years outside the UK.

The 2 years rule is for people issued ILR under UK Domestic immigration law.

This has been explicitly confirmed by the Home Office in 6 April 2020 new immigration law that, Appendix EU now explicitly states that paragraphs 18 and 19A will not apply to those granted settled status under the Settlement Scheme.

Settled status Leave granted under Appendix EU for people will only be lost after 5 years and presettled status after 2 years. Some EEA Members could lose theirs in 4 years

ILR is always issued under UK domestic immigration rules. There is no difference here. You are correct that the returning resident rules do not apply to people granted under Appendix EU

(2) Paragraphs 18 to 19A of the Immigration Rules (returning residents) do not apply to indefinite leave to enter or remain granted under this Appendix. A person granted such leave may resume their residence in the UK where, having been absent from the UK and Islands, that leave has not lapsed under article 13 of the Immigration (Leave to Enter and Remain) Order 2000.

As you see such exclusion is subject to article 13 of the Immigration (Leave to Enter and Remain) Order 2000. Under Article 13, even an unlimited leave granted will lapse if the holder has stayed outside the United Kingdom for a continuous period of more than two years.

(4) Leave which does not lapse under paragraph (2) shall remain in force either indefinitely (if it is unlimited) or until the date on which it would otherwise have expired (if limited), but—

(a)where the holder has stayed outside the United Kingdom for a continuous period of more than two years, the leave (where the leave is unlimited) or any leave then remaining (where the leave is limited) shall thereupon lapse; and
(b)any conditions to which the leave is subject shall be suspended for such time as the holder is outside the United Kingdom.

Am I missing something here ?!

Hi

Dont be confused with 1971 immigration act and Withdrawal Agreement. Under the WA appendix EU insert on 6 of April the agreement reached by EU26 and UK.

A new statement of changes to the Immigration Rules, HC 120, has been published today. The changes take effect on 6 April 2020.

This affirms what HO has been sending to anyone who has got settled status granted under euss. The letter attached to your stay clearly stated,

SETTLED STATUS - 5 YEARS
Presettled Status- 2 years
Swiss citizen - 4 years

These are telling Holders of the above that time spent outside more than your agreed limit will render you no Leave to REMAIN.

Leave granted under euss is not to be confused in law with Leave under domestic immigration

The EU made a good bargain and negotiated a deal on citizens right. UK has adopted it into law HC 120 on 6 April 2020

I never said anything about withdrawal agreement or immigration act 1971 I quoted the Appendix EU of the immigration rules as they stand today showing that settled status granted under this scheme is still subject to the 24 months rule. The statement of changes published on 12th March support none of the things you claim.

What is your source for these claims ?!? Point me to the document/rules to support your claim as I am interested.

Zimba wrote: ↑

Sat Apr 11, 2020 2:12 am

I never said anything about withdrawal agreement or immigration act 1971 I quoted the Appendix EU of the immigration rules as they stand today showing that settled status granted under this scheme is still subject to the 24 months rule. The statement of changes published on 12th March support none of the things you claim.

What is your source for these claims ?!? Point me to the document/rules to support your claim as I am interested.

Hi

https://www.gov.uk/settled-status-eu-ci ... atus-means

Look through to find (Time spent outside the UK )

Since The Withdrawal Agreement and Appendix EU Immigration and First Caseworkers guidance for settlement scheme, the UK Citizens Right Rules for Brexit for Settled status (ilr) has been 5years.

I have also provided already you with change of immigration which was laid to parliament in march and took effect on 6 April.


A new statement of changes to the Immigration Rules, HC 120, has been published today. The changes take effect on 6 April 2020.